What is the ruling on performing wudu' after touching a woman without a barrier?
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The questioner : We ask the honorable Shaykh to clarify the stronger position regarding the invalidation of wudu' by touching a woman without a barrier.
The Shaykh : The stronger position is that touching a woman does not invalidate wudu', whether it is with desire or without desire, and whether there is a barrier or not. So if he kisses her, embraces her, or touches her without intercourse, but nothing comes out of him, neither semen nor pre-seminal fluid, then his wudu' is valid. This is because there is no evidence that this invalidates wudu'. And if there is no evidence, the original state is the continuation of wudu', because what is established by evidence is not removed except by evidence. So if it is established that his wudu' is valid and remains upon him, then it is not possible to invalidate this wudu' except by evidence. This is because the invalidation and non-invalidation of wudu' is a legal ruling in the Shari'ah, and its reference is to Allah and His Messenger. If something comes from Allah and His Messenger indicating that touching a woman with desire is an invalidator, then we accept it with our eyes and heads. But if it does not come, it is not permissible for us to spoil the worship of the servants of Allah except with proof from Allah.
The Shaykh : The stronger position is that touching a woman does not invalidate wudu', whether it is with desire or without desire, and whether there is a barrier or not. So if he kisses her, embraces her, or touches her without intercourse, but nothing comes out of him, neither semen nor pre-seminal fluid, then his wudu' is valid. This is because there is no evidence that this invalidates wudu'. And if there is no evidence, the original state is the continuation of wudu', because what is established by evidence is not removed except by evidence. So if it is established that his wudu' is valid and remains upon him, then it is not possible to invalidate this wudu' except by evidence. This is because the invalidation and non-invalidation of wudu' is a legal ruling in the Shari'ah, and its reference is to Allah and His Messenger. If something comes from Allah and His Messenger indicating that touching a woman with desire is an invalidator, then we accept it with our eyes and heads. But if it does not come, it is not permissible for us to spoil the worship of the servants of Allah except with proof from Allah.